A legal guardian can do whatever the court’s appointment order authorizes them to do on behalf of another person, which typically falls into two buckets: decisions about the person (healthcare, housing, daily care) and decisions about the estate (money, property, contracts). What a legal guardian can do in any specific case depends on the order itself, the ward’s retained rights, and a set of major actions that still require a judge’s approval before the guardian can proceed.
The person under guardianship is usually called the “ward.” The guardian’s authority exists only because a judge granted it, and it continues only as long as the court allows.
Decisions About the Ward’s Person
A guardian of the person is responsible for the ward’s physical welfare and daily life. The most consequential piece of that role is healthcare. State guardianship laws generally grant broad authority over medical choices, following language similar to the Uniform Guardianship and Protective Proceedings Act, which allows a guardian to consent to medical care and treatment for the ward. In practice that covers choosing doctors, consenting to surgery, approving medications, and making end-of-life decisions.
The guardian also arranges where the ward lives. That might mean selecting a residence, coordinating in-home care, or choosing an assisted living facility. A guiding principle in virtually every state is that the guardian must choose the least restrictive setting appropriate for the ward’s needs. Placing someone in an institutional facility when they could safely live at home with support would violate that standard. For a minor ward, the guardian decides where the child goes to school and oversees education and any specialized training or therapy.
Day-to-Day Care
Beyond the big decisions, a guardian of the person handles the practical side of the ward’s life: making sure they have adequate food, clothing, transportation, and access to social or rehabilitative services. The guardian is expected to know the ward’s preferences and honor them whenever safely possible, rather than imposing their own judgment.
Contact With Family and Friends
Guardian authority has clear limits when it comes to the ward’s relationships. Modern guardianship reforms have moved away from giving guardians blanket control over who the ward can see or talk to. A growing number of states specifically prohibit guardians from restricting a ward’s contact with family and friends unless a court orders otherwise. If a guardian does cut off communication, the ward or concerned family members can petition the court for a contact order.
Decisions About the Ward’s Estate
A guardian of the estate controls the ward’s financial life. That includes managing bank accounts, investments, real property, and personal belongings. The guardian collects any income the ward is entitled to, including pension payments and Social Security benefits, pays bills, and handles day-to-day expenses. All spending must be for the ward’s benefit, and the guardian must keep the ward’s money completely separate from their own.
Estate guardians also take on administrative work: filing tax returns for the ward, maintaining insurance on the ward’s property, and pursuing any legal claims the ward may have. The court usually requires the guardian to post a surety bond, essentially an insurance policy that protects the ward’s assets if the guardian mismanages funds. Bond premiums typically run between 0.5% and 1% of the total bond amount per year, paid from the ward’s estate.
Signing Contracts and Personal Liability
When a guardian signs contracts on behalf of the ward, they should clearly indicate they are acting in a representative capacity, not as an individual. The ward’s estate, not the guardian’s own pocket, is liable for obligations the guardian properly incurs. Becoming a guardian does not make you personally responsible for the ward’s debts. A guardian who acts negligently, exceeds their authority, or misappropriates the ward’s assets, however, can face personal liability and serious legal consequences, including removal from the role.
Rights the Ward Keeps
Guardianship removes some rights but not all of them, and this is a point both guardians and families often misunderstand. Even under a full guardianship, the ward typically keeps:
- The right to hire an attorney at any time, including to challenge the guardianship itself.
- The right to petition the court to modify or terminate the guardianship, change guardians, or restore specific rights.
- The right to be treated with dignity. A guardian’s authority does not include the power to neglect, abuse, or demean the ward.
- The right to social contact with family and friends, protected in a growing number of states.
- Religious freedom. The guardian must respect the ward’s religious beliefs and preferences.
Voting
Whether a ward can vote is one of the more complicated questions in guardianship law. Only about ten states allow all individuals under guardianship to vote without restriction. Seven states still automatically strip voting rights when a guardianship is established. The remaining states fall somewhere in between, generally allowing the ward to vote unless a judge specifically finds the person lacks the capacity to understand the electoral process. The trend is toward preserving voting rights, and recent court decisions have pushed back against automatic disenfranchisement.
Actions That Still Require Court Approval
Even within their granted authority, guardians cannot make certain major decisions without going back to the judge for permission first. These restrictions exist because some actions are irreversible or carry unusually high risk of harm to the ward.
- Selling the ward’s home or other real estate generally requires a court order confirming the sale is necessary and the terms are fair.
- Relocating the ward across state lines typically requires court approval, since the move affects which court has jurisdiction over the guardianship.
- Making gifts from the ward’s assets, even to family members, usually requires a judge’s sign-off.
- Changing estate plans, including altering beneficiaries on life insurance policies or retirement accounts, requires court authorization.
- Consenting to highly invasive medical procedures such as sterilization, experimental treatments, or withholding life-sustaining care is restricted in most states and requires a judge’s explicit approval.
- Admitting the ward to a psychiatric or residential facility usually requires court involvement because institutional placement carries significant implications for personal liberty.
The specifics vary by state, so guardians should review their appointment order carefully and consult with an attorney before taking any action that falls outside routine care or ordinary expenses.
The Standard Every Guardian Operates Under
Every guardian operates under a fiduciary duty, the highest standard of care the law imposes on any relationship. It comes down to two obligations: loyalty and prudence. The duty of loyalty means the guardian must put the ward’s interests ahead of their own in every decision. The duty of care requires the guardian to manage the ward’s affairs with the same diligence a reasonable person would use managing their own.
Self-dealing is the most common way guardians violate these duties. A guardian cannot borrow the ward’s money, buy the ward’s property at a discount, hire their own business to provide services to the ward, or redirect the ward’s assets to benefit themselves or their family. Courts treat these violations seriously. A guardian caught self-dealing can be removed, required to repay the ward’s losses out of their own funds, and in egregious cases, face criminal prosecution.1U.S. Department of Justice. Mistreatment and Abuse by Guardians and Other Fiduciaries
Why One Guardian’s Powers Differ From Another’s
Not all guardianships look the same, so the answer to what a guardian can do often depends on which type of guardianship the court granted.
When a person can handle some decisions but not others, courts often impose a limited guardianship that covers only the specific areas where help is needed. The ward keeps all rights not expressly transferred to the guardian. Someone who manages daily routines just fine but cannot handle complex financial decisions, for example, might have a guardian appointed only over their estate.
A full guardianship, sometimes called “plenary,” transfers authority over both the person and their property. This is the most restrictive form and is reserved for situations where the court finds the individual unable to manage any aspect of their own care or finances. Because it removes so many rights at once, judges are increasingly reluctant to grant full guardianship when a more targeted arrangement would work. The appointment order is the controlling document: it spells out exactly what powers the guardian has, and anything not granted in that order the guardian does not have.
How a Guardian’s Authority Ends
Guardianship is not necessarily permanent, though in practice many last for the rest of the ward’s life. A guardian’s authority ends in several ways:
- Death of the ward. The guardianship ends automatically, and the guardian’s remaining duties involve winding up the ward’s affairs, including filing a final accounting with the court.
- Restoration of capacity. If the ward’s condition improves, the ward or any interested person can petition the court to restore rights and terminate the guardianship. About 20 states allow this request to be made informally rather than through a formal petition.
- A minor reaching adulthood. A guardianship over a minor typically ends when the child turns 18, unless the court determines the young adult still lacks capacity and transitions the arrangement into an adult guardianship.
- Removal of the guardian. If the guardian is neglecting the ward, mismanaging assets, or otherwise failing in their duties, the court can remove them and appoint a replacement. Anyone concerned about a guardian’s conduct can petition the court or contact the local adult protective services agency.
Some states impose a waiting period after the initial guardianship order during which a petition for restoration cannot be filed without special permission, typically six months to one year. Once that period passes, the ward can petition at any time. The discharge of the guardian ends all rights and responsibilities of the guardianship except for final accounting and winding-up obligations.